OAR 265-010-0035: Aggravating and Mitigating Factors

(1) Aggravating Factors: (a) Prior disciplinary history. (b) Delay in reporting. (c) Intentional conduct. (d) Significant impact upon the agency’s mission, reputation, or relationship with the community. (e) Significant nature and extent of property damage or harm. (f) Efforts to conceal or cover up conduct or behavior. (g) Does not accept responsibility if misconduct is undisputed. (h) Motivated by personal interest or gain. (i) Failure to meet documented expectations. (j) Supervisory position. (k) Failed or declined to attempt to de-escalate the encounter even though feasible to do so. (l) Low probability or limited potential for rehabilitation. (m) The nature of the event allowed time for deliberate reflection or action. (n) Victim’s vulnerability. (o) The presence of training or experience that is germane to the incident. (2) Mitigating Factors: (a) Positive employment history. (b) Self-reported the violation. (c) Unintentional conduct. (d) Limited impact upon the agency’s mission, reputation, or relationship with the community. (e) Limited nature and extent of property damage or harm. (f) Attempt to ameliorate or correct the conduct or behavior. (g) Promptly accepted responsibility. (h) Motivated by public interest or wellbeing of others. (i) No repeated or other sustained misconduct. (j) Role of the officer (subordinate to supervisor on scene). (k) Attempted to de-escalate the encounter. (l) Potential for rehabilitation. (m) The nature of the event was unpredictable, volatile, or unfolded rapidly, not allowing time for deliberate action. (n) Extraordinary circumstances or hardships that may be relevant. (o) The lack of training or experience that is germane to the incident.